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26217 Staff Report for the Wetland & Watercourse Submittal Requirements
Zone Text Amendment
Public Hearings: Planning Commission meeting is on August 17, 2026
City Commission meeting is on September 1, 2026
Project Description: A text amendment to adjust submittal and procedural standards in
response to conflicts with policy and practice that leave the United States Army Corps
of Engineers and Gallatin Conservation District unable to provide certain information
at the initial submittal phase of a development project or will induce significant delay
in review. The information or determinations are necessary in the application of city
standards ensuring community health and implementing adopted plans.
Project Location: The text amendment applies to all zones within the city limits.
Recommendation: Meets applicable criteria
Recommended Community Development Board Zoning Motion: Having reviewed and
considered the staff report, draft ordinance, public comment, and all information
presented, I hereby adopt the findings presented in the staff report for application
26217 and move to recommend adoption.
Recommended City Commission Motion: Having reviewed and considered the staff report,
draft ordinance, public comment, recommendation of the Community Development
Board, and all information presented, I hereby adopt the findings presented in the staff
report for application 26217 and move to provisionally adopt the ordinance.
Report: July 14, 2026
Staff Contact: Nicholas Ross, P.E., Director of Transportation and Engineering
Tom Rogers, AICP, Senior Planner
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date. The application materials are available on the City’s website in the laserfiche archive.
Unresolved Issues
There are no identified conflicts on this application.
Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 2 of 17
Project Summary
The City of Bozeman approved substantial revisions to its Wetland and Watercourse
regulations with the Unified Development Code in October 2025 via Ordinance 2025-04
[External Link] and since integrated into the overall Unified Development Code. Upon
adoption and implementation of the revised standards and processes, staff were made aware of
two submittal requirement issues associated with outside agencies.
The City relies on the authority of the United States Army Corps of Engineers and Gallatin
Conservation District to determine certain natural resource information to enable review of
proposed land development that affects watercourse and wetlands. Both agencies have
approached City staff following adoption and initial implementation of our code update to note
recent changes in policy and practice that leave them unable to provide certain information at
the initial submittal phase of a development project or would induce significant delay in
review. This change needs to be reflected in the municipal code submittal requirements for
land development applications.
All City initiated text amendments must be initiated by action of the commission. On May 12,
2026, the Bozeman City Commission acted to start numerous text amendments including
authorized staff to consider amending the code to remove these conflicts in the Wetlands and
Watercourse Submittal Materials Technical Text Amendment. Link to the May 12, 2026 City
Commission agenda [External Link]. As part of the engagement plan for this effort, staff will
present the revision to the Sustainability Board for review and comment. Feedback from the
Board will be provided to the Community Development Board and City Commission for
consideration.
Section 38.710.120.A.2, BMC defines nine elements that must be included in a Wetlands and
Watercourses Delineation Report, including: (2) An Approved Jurisdictional Determination
provided by the USACE and (8) A determination of status issued by the Gallatin Conservation
District (GCD). Representatives from USACE and GCD have expressed to the city that the
demands of these requirements now fall outside of their capacity or internal policy. This
conflict requires amendment of city code to allow for a viable path to approval.
In addition to adjusting the timing submitting a final determination, if applicable, the text
amendment explicitly grants authority to preliminary approve a plan prior to the final
determination being issued. All standards and requirements to ensure compliance with adopted
codes are required with a development proposal with or without final watercourse
determination and permitting by the outside agency. All documentation must be provided
before construction begins.
The ordinance includes updates and modifications to Sections 38.610.030 (Application of
wetland regulations), 38.610.040 (Application of wetland regulations), 38.620 (Watercourse
setbacks), and 38.710.120. Submittal materials for review of activities in or adjacent to
wetlands and watercourses. The full details of the text amendment are provided in the attached
Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 3 of 17
Ordinance. As proposed, project applicants subject to the City’s plan review process will be
required to demonstrate compliance with the updated standards and processes.
Applicant may be required to modify a preliminarily approved application based on final
USACE and Conservation Distrct determination and permitting, if applicable.
In determining whether the criteria applicable to this application are met, Staff considers the
entire body of plans and regulations for land development. Standards which prevent or mitigate
possible negative impacts are incorporated in many locations in the municipal code but are
principally in Chapter 38, Unified Development Code. References in the text of this report to
Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code.
Strategic Plan
1.2 Public Agencies Collaboration
Foster successful collaboration with other public agencies and build on these successes.
e) Enhance our relationship with State and Federal Agencies.
3.1 Public Safety
Support high quality public safety programs, emergency preparedness, facilities, and
leadership.
6.6 Habitat
Work with partner organizations to identify at-risk, environmentally sensitive parcels
contribute to water quality, wildlife corridors, and wildlife habitat.
7.3 Best Practices, Creativity, & Foresight
c) Improve Departmental Collaboration – Identify opportunities to improve collaboration
between City departments and create subgroups on communications, community
interactions, long-range planning, and other matters of common concern.
Gallatin Water Collaborative Stakeholder Meeting
Tuesday, June 30, 2026
Agenda LINK [External Link]
Sustainability Board
Wednesday, July 8, 2026
Video link
Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 4 of 17
Planning Commission Summary
The Planning Commission will hold a public hearing on August 17, 2026. Upon completion
of the hearing the Commission will forward a recommendation to the Commission.
Public Comment Process and Opportunity
No public comment has been received on the application of the production of this report. All
comment can be reviewed in public comment folder [External Link].
Alternatives
1. Adopt the ordinance as presented;
2. Direct revisions to the ordinance prior to adoption;
3. Do not adopt the ordinance; or
4. Request additional information and continue discussion on the ordinance.
Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 5 of 17
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Strategic Plan ...................................................................................................................... 3
Gallatin Water Collaborative Stakeholder Meeting ............................................................ 3
Sustainability Board ............................................................................................................ 3
Planning Commission Summary......................................................................................... 4
Public Comment Process and Opportunity ......................................................................... 4
Alternatives ......................................................................................................................... 4
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 6
Zone Text Amendment ....................................................................................................... 6
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 6
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 14
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 16
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 17
FISCAL EFFECTS ................................................................................................................. 17
ATTACHMENTS ................................................................................................................... 17
Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 6 of 17
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Zone Text Amendment
Having considered the criteria established for a text amendment, staff recommends
approval as proposed.
The Community Development Board is scheduled to hold a public hearing on this
amendment on August 17, 2026, at 6:00 p.m. A recommendation will be forwarded to the
Commission on the text amendment.
The City Commission will hold a public hearing on the text amendment on September
1, 2026, at 6:00 p.m.
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS
As a zone map amendment is legislative action, the Commission has latitude to determine a
policy direction. The Montana Land Use Planning Act (MLUPA) revised zone map and text
review criteria. Section 76-25-304 Mont. Code Ann. establishes the criteria for the creation
and amendment of zoning. Due to the range of subjects, the applicability of any individual
criterion may be of more or less importance. The City Commission must evaluate whether the
applicable criteria are met, not applicable, or if the benefits of the change offset negative
impacts. The state may amend these criteria.
The state has created the following criteria to identify and where possible to determine impacts
of development that may follow a zoning amendment. The city relies on adopted issue plans
and similar documentation to consider the jurisdiction wide issues and establish policy. If an
amendment proposes something that has not been considered during issue plan or land use plan
development the applicant may be required to conduct a broader scale analysis.
The purpose of this analysis is to evaluate the difference between the existing zone and the
proposed. The greater the differentiation, the more robust analysis must be.
MLUPA definitions 76-25-103 (36) Mont. Code Ann, defines "Substantial compliance" as:
a) with respect to the amendment of an adopted land use plan, that all facets of the
proposed amendments, when taken together, comply, not strictly and rigidly but
substantially, with the densities, standards, and community intent for development of
the community as set forth in the jurisdiction's adopted land use plan;
b) with respect to the adoption or amendment of a zoning map, zoning regulation, or
subdivision regulation, that all facets of the proposed map, regulation, or amendment,
when taken together, comply, not strictly and rigidly but substantially, with the
Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 7 of 17
densities, standards, and community intent for development of the site as set forth in
the jurisdiction's applicable adopted land use plan; and
c) with respect to the proposed development of a particular site, that all facets of the
proposed development, when taken together, comply, not strictly and rigidly but
substantially, with the densities and standards for development of the site as set forth
in the jurisdiction's applicable adopted zoning regulations, zoning map, and subdivision
regulations
(1)(c) make a preliminary determination as to whether the zoning regulation and map
as proposed or as amended would be in substantial compliance with the land use plan,
including whether the zoning regulation or map:
Criterion met. The foundation of this text amendment stems from Federal and State changes in
process to which the local jurisdiction must respond. Secondly, the City generally revised its
Wetland and Watercourse Regulations to further implement the Bozeman Growth Policy and
City Commission priorities with an effective date of October 25, 2025 by adoption of
Ordinance 2025-04 [External Link]. Ordinance 2025-04 was found to be in substantial
compliance with the land use plan. Adjusting the submittal requirements as a result of actions
outside the of the control of the City is an immaterial change necessary to ensure the City is in
compliance with required processes.
The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, titled Review Criteria for Zoning
Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are
applied locally. Application of the criteria varies depending on whether an amendment is for
the zoning map or for the text of Chapter 38, BMC. The City continued and carried forward
the goals and objectives in the adoption of the Bozeman Community Plan 2025 on October 28,
2025, as an MLUPA compliant land use plan.
“In a text amendment, policy statements weigh heavily as the standards being created or
revised implement the growth policy’s aspirations and intent. The City must balance many
issues in approving urban development.”
The proposed amendment does not change the zoning map. Therefore, it is not necessary to
analyze compliance with the future land use map.
The basic planning precepts on page 20 of the Bozeman Community Plan 2020 include, “The
health and well-being of the public is an essential focus and influences and is influenced in
turn by urban design and land development.” Also, “The City intends to create a healthy, safe,
resilient, and sustainable community by incorporating a holistic approach to the design,
construction, and operation of buildings, neighborhoods, and the City as a whole.” The
proposed amendments provide for public health, safety, and welfare of the community by
providing clear standards and administrative processes for development around regulated
Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 8 of 17
wetland areas and by providing consistent language, clear definitions, and references
throughout the Bozeman Municipal Code.
Under Theme 4, A City Influenced by Our Natural Environment, Parks, and Open Lands, there
are several relevant goals and objectives that will be met through the collaborative approach
to developing these amendments to the Wetland Regulations.
Goal EPO – 2: Work to ensure that development is responsible to natural features
EPO-2.2 - Work with the U.S. Army Corps of Engineers to keep wetlands, mitigation
within the Gallatin Valley rather than locating to other watersheds.
EPO-2.3 - Identify, prioritize, and preserve key wildlife habitat and corridors.
EPO 4.2 - Update floodplain and other regulations that protect the environment. The
proposed amendments to the Wetland Regulations would help to meet these
objectives.
Goal RC-2: Continue and build on successful collaboration with Gallatin County, neighboring
municipalities, and other agencies to identify and mitigate potential hazards and develop
coordinated response plans.
RC-2.1 Prohibit development in environmentally sensitive or hazard-prone areas.
Goal RC-4: Ensure that all City actions support continued development of the City, consistent
with its adopted Plans and standards.
RC-4.1 Enhance collaboration between City agencies to ensure quality design and
innovation across public and private areas.
No conflicts with the growth policy/land use plan have been identified. The criterion is met.
(i) accommodates the projected needed housing types identified in 76-25-206;
Impacts to projected housing needs for the projected population of the jurisdiction and provide
regulations that allow for the rehabilitation, improvement, or development of the number of
housing units needed, as identified in the land use plan and future land use map.
Criterion met. This affirmative finding is based on balancing the City’s desire to maintain and
protect sensitive lands, including watercourses and wetlands, provide for basic municipal
infrastructure, further the seven Themes detailed in the BCP2025, and promote the
construction of housing for all members of the community. Harmonizing submittal
requirements with state and federal standards and process ameliorates potential conflicts during
the permitting process.
Therefore, adoption of the proposed changes promotes housing by responding to changes
outside the city’s control.
Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 9 of 17
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan,
building permit
(ii) contains five or more specific strategies from 76-25-302 to encourage the
development of housing within the jurisdiction;
The City, through adoption of Ordinance 2025-12/2151, the Unified Development Code and
city wide zoning map, created a framework for housing development and, based on the
Bozeman Land Use Plan, prioritized strategies for housing. Any proposed change or
amendment to the code or map may impact on the efficacy of the zoning ordinance.
Criterion met. As discussed in the previous criterion, the text amendment does not specifically
address the special cases imposed by the state, rather, it reduces the possibility of significant
delays from state and federal review prior to submitting application for local permits to
construct housing. This correction applies to all other types of use in addition to residential
development. Therefore, these amendments improve the permitting process to ensure fair and
equitable pathway for the construction of housing.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan,
building permit
38.5 Project Design Site layouts,
landscaping,
building
configuration, signs,
lighting
Site plan and building
permit
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 10 of 17
(iii) reflects allowable uses and densities in areas that may be adequately served by
public safety, emergency, utility, transportation, education, and any other local facilities
or services identified by the local government in 76-25-207;
Neutral. The City conducts extensive planning for municipal transportation, water, sewer,
parks, and other facilities and services provided by the City. The adopted plans allow the City
to consider existing conditions and identify enhancements needed to provide additional service
needed by new development. The City implements these plans through its capital
improvements program that identifies individual projects, project construction scheduling, and
financing of construction.
The proposed text amendments do not impact these services.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.070
Municipal water,
sewer, and storm
systems
Location and
requirement to
install.
Sewer collection
facilities plan,
Water facilities plan
Subdivision or site plan.
38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, Site plan,
and building permit
38.5 Project Design Site layouts,
landscaping,
building
configuration, signs,
lighting
Site plan and building
permit
38.780 Completion
of Improvements
When infrastructure
and other
improvements must
be completed with
development
Facility plans and
design standards
applicable to the
particular
improvements
Subdivision or site plan
review
Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 11 of 17
38.410.060
Easements
Location and form
of easements for
utilities
Transportation
Master Plan, Sewer
collection facilities
plan, Water
facilities plan
Annexation for collector
and arterial streets.
Subdivision or site plan
for all others.
38.410.070
Municipal water,
sewer systems
Location and
requirement to
install.
Sewer collection
facilities plan,
Water facilities plan
Subdivision or site plan.
38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, site plan,
and building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
(iv) allows sufficient area for existing, new, or expanding commercial, industrial, and
institutional enterprises the local government has identified in 76-25-208 for targeted
economic growth in the jurisdiction;
Criterion met. Adjusting wetland and watercourse submittal requirements in response to state
and federal changes to reduce potential lengthy delays in the permitting process supports the
City’s efforts to provide sufficient areas for existing, new, or expanding commercial, industrial,
and institutional enterprises.
There are no changes to the standards to ensure a healthy and safe environment, only
responding to changes made outside of the City’s authority and mitigation permitting
processes.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan,
building permit
(v) protects and maximizes the potential use of natural resources within the area, as
identified in 76- 25-209;
Criterion met. Adjusting wetland and watercourse submittal requirements in response to state
and federal changes to reduce the potential of lengthy delays in permitting supports the City’s
efforts to provide for sufficient areas for existing, new, or expanding commercial, industrial,
Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 12 of 17
and institutional enterprises. These edits directly support this criterion by implementing the
City’s environmental standards and ensuring timely review of applications that are impacted
or impacting natural resources.
The revised Wetland and Watercourse regulations with the Unified Development Code in
October 2025 via Ordinance 2025-04 expanded City authority to address impacts to sensitive
areas by development. As a result, all wetlands within city limits are now protected by either
Federal or Local authority.
The Approved Jurisdictional Determination (AJD) issued by the Ary Corps of Engineers is an
official, written document issued by the U.S. Army Corps of Engineers (USACE) that confirms
the precise geographic boundaries of waters and wetlands on a property and officially states
whether or not those features are legally regulated under federal laws like the Clean Water Act.
An AJD is a separate action from a Clean Water Act 404 permit. A 404 permit regulates the
discharge of dredged or fill material (like dirt, rock, or sand) into "Waters of the United States,"
including wetlands. The issuance of an AJD’s typically takes 12-18 months. An applicant may
assume USACE authority and begin 404 permit approval without an AJD.
Adjusting the timing of when the AJD is required does not change other applicability or
application of City Wetland Code. Removal of the submittal requirement will streamline
review without subtracting from quality.
Therefore, the amendments maintain protects for natural resources while allowing potential
use of natural resources within the area to continue.
(vi) minimizes or avoids impacts to the natural environment within the area, as
identified in 76-25- 209; and
Criterion met. Adjusting wetland and watercourse submittal requirements in response to state
and federal changes to reduce the potential of lengthy delays in permitting does not impacts
our authority and ability to maintain existing wetland and watercourse standards. The AJD is
still required prior to development.
As noted in criterion (v) above, the revised Wetland and Watercourse regulations with the
Unified Development Code in October 2025 via Ordinance 2025-04 expanded City authority
to address impacts to sensitive areas by development. As a result, all wetlands within city limits
are now protected by either Federal or Local authority.
The Approved Jurisdictional Determination issued by the Ary Corps of Engineers is an official,
written document issued by the U.S. Army Corps of Engineers (USACE) that confirms the
precise geographic boundaries of waters and wetlands on a property and officially states
whether or not those features are legally regulated under federal laws like the Clean Water Act.
An AJD is a separate action from a Clean Water Act 404 permit. A 404 permit regulates the
discharge of dredged or fill material (like dirt, rock, or sand) into "Waters of the United States,"
Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 13 of 17
including wetlands. The issuance of an AJD’s typically take 12-18 months. An applicant may
assume USACE authority and begin 404 permit approval without an AJD.
Adjusting the timing of when the AJD is required does not change other applicability or
application of City Wetland Code. Removal of the submittal requirement will streamline
review without subtracting from quality.
Therefore, the amendments maintain protects for natural resources and maintains maximum
avoidance as adopted standards permit.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan
review, building permit
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
38.600 Natural
Resource Protection
Protect watercourses
and wetlands
FEMA Floodplain
study
Subdivision, site plan
review, building permit
(vii) avoids or minimizes dangers associated with natural hazards in the jurisdiction,
as identified in 76-25-209; and
Neutral. The revised Wetland and Watercourse regulations with the Unified Development
Code based on Ordinance 2025-04 do not directly impact or influence other regulations more
applicable to avoidance and protection from natural hazards. While there is a nexus between
maintaining the health and function of watercourse and wetlands to hazard mitigation and
environmental heath the timing required for submitting an AJD will not materially impact the
city efforts to mitigate and avoid dangers associated with natural hazards in the jurisdiction.
No changes are proposed to the City regulations regarding factors that modify natural hazards,
specifically BMC 38.610 and 38.620 regarding wetland and watercourse standards, or BMC
38.600 Floodplain Regulations. Potential dangers associated with natural hazards are identified
and addressed at the time of site-specific development review through an associated planning
application and/or building permitting process.
Revising process to adapt to outside agencies changes is a proactive effort to maintain City’s
standards maintaining the health and function of watercourse and wetlands to hazard mitigation
and environmental health.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 14 of 17
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan
review, building permit
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
38.600 Natural
Resource Protection
Protect watercourses
and wetlands
FEMA Floodplain
study
Subdivision, site plan
review, building permit
(d) preliminarily determine whether the proposed zoning regulation, map, or
amendment results in new or increased impacts to or from local facilities, services,
natural resources, natural environment, or natural hazards from those previously
described and analyzed in the assessment conducted for the land use plan.
Based on the aforementioned analysis and the content of the amendment it is determined that
no new or increased impacts to local facilities or services, natural resources, natural
environments or natural hazards and created. The adoption of the City of Bozeman’s Unified
Development Code in December 2025 [Ordinance 2025-12/2151] was, at the time of adoption,
found to satisfy the required criteria. Further, the substantial revisions to the Wetland and
Watercourse regulations with the Unified Development Code, adopted in October 2025 via
Ordinance 2025-04 [External Link], was found to satisfy the required criteria. The amendments
in this Ordinance do not materially change the function or efficacy of the adopted code and are
in substantial compliance with the review criteria.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The city of Bozeman approved substantial revisions to its Wetland and Watercourse
regulations with the Unified Development Code in October 2025 via Ordinance 2025-04
[External Link]. Upon adoption and implementation of the revised standards and processes,
staff were made aware of two submittal requirement issues associated with outside agencies.
The City relies on the authority of the United States Army Corps of Engineers and Gallatin
Conservation District to determine certain natural resource information to enable review of
proposed land development that affects watercourse and wetlands. Both agencies have
approached City staff following adoption and initial implementation of our code update to note
recent changes in policy and practice that leave them unable to provide certain information at
the initial submittal phase of a development project or would induce significant delay in
review. This change needs to be reflected in the municipal code submittal requirements for
land development applications.
Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 15 of 17
All City initiated text amendments must be initiated by action of the commission. On May 12,
2026, the Bozeman City Commission acted to start numerous text amendments including
authorized staff to consider amending the code to remove these conflicts in the Wetlands and
Watercourse Submittal Materials Technical Text Amendment. Link to the May 12, 2026 City
Commission agenda [External Link]. As part of the engagement plan for this effort, staff will
present the revision to the Sustainability Board for review and comment. Feedback from the
Board will be provided to the Community Development Board and City Commission for
consideration.
Section 38.710.120.2.A, BMC defines nine elements that must be included in a Wetlands and
Watercourses Delineation Report, including: (2) An Approved Jurisdictional Determination
provided by the USACE and (8) A determination of status issued by the Gallatin Conservation
District (GCD). Representatives from USACE and GCD have expressed to the city that the
demands of these requirements now fall outside of their capacity or internal policy. This
conflict requires amendment of city code to allow for a viable path to approval.
In addition to adjusting the timing submitting a final determination, the text amendment
explicitly grants authority to preliminary approve a plan prior the final determination being
issued. All standards and requirements to ensure compliance with adopted codes are required
with a development proposal with or without final watercourse determination.
The ordinance includes updates and modifications to Section 38.710.120 Submittal
requirements and Section 38.610.030 Application of wetland regulations. The full details of
the text amendment are provided in the attached Ordinance. As proposed, project applicants
subject to the City’s plan review process will be required to demonstrate compliance with the
updated standards and processes.
The premise, as defined by the US Environmental Protection Agency, a 404 permit [External
Link] is a program that no discharge of dredged or fill material may be permitted if: (1) a
practicable alternative exists that is less damaging to the aquatic environment or (2) the
nation’s waters would be significantly degraded. In other words, when you apply for a permit,
you must first show that steps have been taken to avoid impacts to wetlands, streams and other
aquatic resources; that potential impacts have been minimized; and that compensation will be
provided for all remaining unavoidable impacts.
The Montana Department of Natural Resources and Conversation administers the 310 permit
program. The Natural Streambed and Land Preservation Act, also known as "The 310 Law"
is administered by the Conservation Districts [External Link].
The purpose of the 310 law is to keep rivers and streams in as natural or existing condition as
possible, to minimize sedimentation and to recognize beneficial uses. Any individual or
corporation proposing construction in a perennial stream must apply for a 310 permit through
the local conservation district. Activities Requiring a permit. Any activity that physically alters
or modifies the bed or banks of a perennially-flowing stream.
Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 16 of 17
A detailed description of each letter in the above graphic can be reviewed at the following
link:
https://dnrc.mt.gov/licenses-and-permits/stream-permitting/
Both 404 and 310 permits may be required for a development application.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of BMC 38.730. Notice was published in
the Bozeman Daily Chronicle on 7/18/26, 7/25/26 AND 8/15/26. These notices contain all
required elements. Notice was provided at least 15 business days before the public hearing
conducted by the Community Development Board in their capacity as the Planning
Commission, and not more than 45 days prior to the City Commission public hearing.
On May 12, 2026, the Bozeman City Commission acted to start numerous text amendments
including authorized staff to consider amending the code to remove these conflicts in the
Wetlands and Watercourse Submittal Materials Technical Text Amendment. Link to the May
12, 2026 City Commission agenda [External Link]. A copy of the Wetland & Watercourse
Text Amendment Engagement Plan can be viewed at this link.
No public comments have been received as of the date this report was written.
Opportunity to comment and participate. See public comment folder [root directory]
https://weblink.bozeman.net/WebLink/Browse.aspx?id=311520&dbid=0&repo=BOZEMAN
Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 17 of 17
Engagement:
Watershed Council. June 30, 2026. Agenda
Sustainability Board. July 8, 2026. Agenda
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: City of Bozeman, PO Box 1230, Bozeman, MT 59771
Applicant: City of Bozeman, PO Box 1230, Bozeman, MT 59771
Representative: City of Bozeman, PO Box 1230, Bozeman, MT 59771
Report By: Tom Rogers, AICP, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=318959&cr=1